La definición legal de periodista en la historia de España:el artículo 20 de la Constitución española de 1978 como estatuto jurídico del profesional de la información

Abstract

This research takes part on the discussion on the legal management of the journalistic profession and, therefore, in the need for a definitive clarification on this matter, so that it can close definitely all the controversy about the need for a legal status of the journalistic professional. It starts its historical descriptive itinerary finding out the causes and laws that have helped to define the journalist: so on, and among others, the Act of Printing Policy (1883), the Press Act (1938), the Press and Publications Act (1966), the Legal Status of the Journalist (1967), the Spanish Constitution (1978) and the proposition of Law on the Statute of Journalists (2004). After an exhaustive analysis of these legal frameworks, it reaches the conclusion that there is no need to enact a professional statute for the journalists, as article 20 of the Spanish Constitution of 1978 constitutes one by itself: it recognizes and protects the right to truthful information, and it states -through the constitutional jurisprudence-, the legal requirements for the exercise of the profession. In addition, there are two other constitutional instruments that guarantee that journalists will develop their work within the necessary intellectual freedom: the conscience clause - developed in the Organic Law 2/1997, June 19th -; and the Newsperson Privilege, yet not regulated.